[2025:RJ-JP:27194] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4344/2016 Oriental Insurance Company Ltd., Alwar through Regional Man- ager, Regional Office, 3rd Floor, Anand Bhawan, S.C. Road, Jaipur(Raj.) ----Non-Claimant No.3-Appellant Versus 1. Babli W/o Late Mujfur Hussain 2. Kushnama D/o Late Mujfur Hussain aged about 10 years Minor 3. Arbaz Uddian S/o Late Mujfur Hussain aged about 7 years Minor 4. Alfej Uddian S/o Late Mujfur Hussain aged about 6 years Minor No.2 to 3 minors through natural guardians Smt. Babli W/o Muj- fur Hussain 5. Abdul Gani S/o Abdul Gafur aged 57 years 6. Gafroon Bano W/o Abdul Gani, aged 52 years, ----Claimants-Respondent 7. Gurupal Singh S/o Jagjeet Singh, Resident of Chabal Khurd, P.S. Chabal, District Tarantaran (Punjab) (Driver of Vehicle Truck Container No.PB-05T-8811) 8.Rajendra Kumar @ Rajendra Singh S/o Kehan Chandra, Resi- dent of Pandori Takhatmal, P.S. Chabal, District Tarantarn (Pun- jab) (Owner of Vehicle Truck Container No.PB-05T-8811) For Appellant(s) : Mr. Praveen Kumar Jain For Respondent(s) : Mr. Sanjay Kumar Sharma HON'BLE MR. JUSTICE MANEESH SHARMA Order 21/07/2025 1. The present appeal has been filed by the appellant-Insurance Company under Section 173 of the Motor Vehicle Act, 1988 (here- inafter to be referred to as "the Act of 1988"), assailing the award dated 03.05.2016 passed by Judge, Motor Accident Claims [2025:RJ-JP:27194] (2 of 3) [CMA-4344/2016] Tribunal, Jhalawar (hereinafter to be referred to as the "learned Tribunal") in MACT Case No.876/2015, whereby the claim petition filed by the claimants/respondents has been partly allowed and Rs.16,25,000/- with interest 9% p.a. has been awarded as compensation. 2. Though in the memo of appeal, the Insurance Company has questioned the impugned award on various grounds, but during the course of arguments, learned counsel for the respondent submitted that against the same impugned award dated 3.5.2016 in an appeal filed by the claimants, this court, after hearing counsel for the Insurance Company, while deciding S.B. Civil Miscellaneous Appeal No. 3760/2016 and keeping in view the pi- ous work of Lok Adalat, enhanced the awarded amount from 16,25,000/- to Rs. 16,75,000/- (additional sum of Rs. 50,000/-) with the consent of Insurance Company vide order dated 18.7.2016. Therefore, in view of the order dated 18.07.2016 passed in S.B. Civil Miscellaneous Appeal No.3760/2016, the present appeal filed by the Insurance Company for reduc- ing the amount awarded under the same award is not entertain- able. 3. Since, the awarded amount has been enhanced in the appeal preferred by the claimant S.B. Civil Miscellaneous Appeal No. 3760/2016 vide order dated 18.7.2016, that too on the basis of consent of claimant and the Insurance Company, thus, Insurance Company is now estopped from questioning the illegality and va- lidity of the impugned order. [2025:RJ-JP:27194] (3 of 3) [CMA-4344/2016] 4. Accordingly, the present appeal is dismissed in view of discussion made hereinabove. 5. Any other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J SOURAV /126